MMF (NZ) CODE OF CONDUCT
Updated 12 November 2015
The following Code of Conduct is a guideline of what is expected of all members of the Music Managers Forum NZ [MMF NZ]. The purpose of this code is to guide members through their management career, encouraging professional, ethical and expert behaviours.
Failure to adhere to all points in the MMF NZ Code of Conduct may result in membership termination.
1. A Managers Duty of Care
- In engaging an artist in a written agreement, the manager should ensure that the artist seeks and receives expert legal advice on the terms of that agreement before signing it.
- To devote sufficient time to the agreed management responsibilities in representing the artist.
- To maintain an open dialogue with the artist around legal and financial matters, including referral of artist to an independent third party specialist advisor as needed.
- To uphold artist confidentiality and to protect their personal information.
- To only exercise the rights and powers implied or granted to them by their artist’s in their written or oral agreements for their artist’s best interests.
- To not intentionally mislead the artist for personal financial gain or any other reason.
- Communicate openly about the responsibilities of both parties (manager and artist), including the obligations, duties and remuneration as a manager of the artist. Note that it is recommended that these be formally notated in a written agreement;
- Conduct themselves in a manner which is professional and ethical, and which abides by best business practices and methods accepted in the New Zealand music industry, in compliance with relevant local laws;
- Not engage in behaviours which are to the detriment of the artist or the artist’s career;
- Where a manager acts independently as a publisher, agent, record producer or in any other capacity as well as a manager for their artists, they must declare such interests so that the artist has the ability to determine for themselves if they feel it constitutes a conflict of interest and is therefore detrimental to their career:
In such cases where a manager acts independently in any other capacity as well as manager for their artists, and where such activity ordinarily involves the charging of fees or commissions, the manager shall not charge multiple fees or commissions without first gaining the consent of their artist in writing
- Declare and disclose any actual, perceived or potential conflicts of interest where money or services are earned either directly or indirectly through or in conjunction with an artist’s performance or services. These can include:
i. Legal obligations
iv. Other considerations
- Fundamentally and thoroughly understand the place of their artist in the industry, and have the knowledge of the right business transactions to maximise the career of the artist;
- Possess (or obtain) the core knowledge and skills required in order to carry out the duties of management as agreed and understood by the artist;
- Have a fundamental knowledge of the New Zealand music industry, and sufficient local contacts to leverage in the conducting of business on behalf of the artist;
- Be committed to consistent development of skills and building of a knowledge 2base through the attending of workshops, masterclasses and conferences in order to be aware of and pre-empt beneficial industry trends and innovations;
- Seek third-party support in order to develop and learn skills to assist in representing the artist’s career with diligence in areas where there is an actual, perceived or potential weakness.
- Ensure that the assets of the manager are recorded and managed wholly separately from the income and expenditure of the artist (note that this also applies to self-managed artists and bands where the manager is also a member of the represented group);
- Ensure that the manager’s share of the proceeds coming from their artist’s professional and business activities should be commensurate with the level of investment the manager has provided, in time or financially. Not to exceed 25% on a commission basis or 50% on a profit-share arrangement;
- Conduct all management and artist business in a transparent, accountable and ethical manner; this includes, in particular, allowing their artists access to all accounting records and contracts.
Should a member be proved to have breached the above Code of Conduct, they may be expelled from the MMF NZ. Any expulsion is decided on by the Executive Committee and Chair Person. In the event of an expulsion from MMF NZ, the particular manager is no longer entitled to use MMF NZ membership credentials, and the organisation is entitled to advise the membership, the IMMF, and affiliates or associated entities of the IMMF including Government and Industry bodies as appropriate and required.